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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4667
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Who do I serve if Im suing a county, a sheriffs department

Customer Question

Who do I serve if I'm suing a county, a sheriff's department and a police department? My case is already filed and I'm up to the part where I have to have the defendants served. It's a federal case.

Thanks.
Submitted: 10 months ago.
Category: Legal
Expert:  Irwin Law replied 10 months ago.

The County Sheriff is an elected official who holds a constitutionally created office - usually. Therefore you would serve the summons upon the Sheriff himself. The Chief of Police is not a constitutional officer. S/he is an employee of the city. Therefore you usually serve the highest officer of the city, I.e, Mayor, President of the Board who hired the chief. Check your local rules of procedure and state statutes. It is usually required that the City/County Attorney also be served even though s/he is not a named defendant . You can't go wrong doing it.

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Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4667
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
Irwin Law and 3 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

I didn't know that there was a city or county attorney. Thank you.

Expert:  Irwin Law replied 10 months ago.
Hello & thanks for the rating. If your city or county has a website listing the officials, the county attorney is usually listed. The city attorney might be on the city's website.

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